2026:HHC:30638-DB IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No.5522 of 2020 Decided on: 24th July, 2026 Dr. Rajani Prabhakar ...Petitioner versus State of H.P and others ...Respondents Coram Hon’ble Mr.Justice Jiya Lal Bhardwaj, Judge. Whether approved for reporting?1 For the petitioner: Mr. Mohit Thakur, Advocate. For the respondents: Mr.Amit Kumar Chaudhary, Deputy Advocate General. Jiya Lal Bhardwaj, Judge (Oral) Learned Deputy Advocate General has produced a communication dated 21.07.2026 and copy of order dated 18.07.2026, passed by the Director, School Education, Himachal Pradesh, which are taken on record. 2. A perusal of aforesaid order dated 18.07.2026, reveals that all the concerned Principals/Headmasters/In- charge of GSSSs/GHSs/GMSs of H.P. were directed to release the arrears to all the petitioners, subject to final outcome of LPA with the condition that in case the outcome of LPA comes in favour of the Department, the petitioners are bound to refund the amount of arrears so paid to them. 3. Learned counsel for the petitioner had apprised 1 Whether the reporters of Local Papers may be allowed to see the judgment? 2 2026:HHC:30638-DB this Court on 5th June, 2026 that the LPA preferred by the respondents-State in CWPOA No.7661 of 2019, titled, Pushap Raj Khimta & ors. Vs State of H.P & ors was affirmed in LPA No.222 of 2023, titled, State of H.P & ors. Vs Pushap Raj Khimta & ors. He had further apprised the Court that the petitioner has been granted the benefits and now the recovery was being affected from him, which is under challenge. 4. Since the dispute raised in the present petition is squarely covered by the judgment passed by a co-ordinate Bench of this Court in CWPOA No.7661 of 2019, which has been affirmed in LPA No.222 of 2023, order of recovery under challenge is not sustainable in law. 5. Learned counsel for the parties have not disputed the factum that the issue raised in the present petition is covered by the judgment referred to above and as such, the petition is allowed and the impugned order dated 10.11.2020 passed by the Principal, GSSS Kalhog, District Solan, H.P. is quashed and set aside and no recovery from the petitioner shall be effected. However, the petitioner is directed to file the hard copy of the petition alongwith annexures within two weeks from today. In view of the above, the writ petition is disposed of. 3 2026:HHC:30638-DB Pending applications, if any, also stand disposed of. ( Jiya Lal Bhardwaj ) July 24, 2026 Judge (mamta)